This Law provides statutory provisions on environmental protection activities; measures and resources used for the purpose of environmental protection; rights, powers, duties and obligations of regulatory bodies, agencies, organizations, households and individuals who are tasked with the environmental protection task.

Article 2. Applicable entities

This Law is applied to regulatory bodies, public agencies, organizations, family households and individuals within the territory of the Socialist Republic of Vietnam, including mainland, islands, territorial waters and airspace.

Article 3. Interpretation of terms

In this Law, the terms shall be construed as follows:

1. Environment refers to a system of natural and artificial physical factors affecting the existence and development of human beings and creatures.

2. Environment components refer to physical constituent elements forming an integral part of the environment such as land, water, air, sound, light, organism and things in other physical forms.

3. Environmental protection refers to the environmental conservation, and the prevention and control of harmful impacts on environment; the response to environmental emergencies; the mitigation of environmental pollution, degradation, improvement and remediation; proper extraction and consumption of natural resources for the purpose of maintaining a pure environment.

4. Sustainable development refers to the formal process in which the development can help keep pace with rigorous needs that emerge at the present time without causing any harm to the likelihood of future generations’ satisfying such needs on the basis of sustaining a close and harmonious cooperation amongst the economic growth, social progress and environmental protection.

5. Technical regulations on environment refer to a set of parameters relating to the environmental quality in surrounding areas, amount of contaminants that remain in wastes, technical and managerial requirements which are issued by a competent regulatory authority in the form of a written document that entities involved must be binding on to serve the purpose of environmental protection.

6. Environmental standards refer to a set of parameters relating to the environmental quality in surrounding areas, amount of contaminants that remain in wastes, technical and managerial requirements which are issued by a competent regulatory authority in the form of a written document that entities involved may choose to follow at their discretion to serve the purpose of environmental protection.

7. Environmental health refers to the state of physical factors in the environment that can affect the human health and cause human diseases.

8. Environmental pollution refers to the change in the environment components in breach of technical regulations on environment and environmental standards, which can result in adverse impacts on human beings and creatures.

9. Environmental degradation refers to a reduction in the quality and amount of environment components, which can pose a threat to human beings and creatures.

10. Environmental emergencies refer to any unexpected event that happens as a result of human activities or environmental changes, which can seriously contaminate, degrade or disturb the environment.

11. Environmental contaminant refers to chemicals, physical and biological substance, when introduced into the environment, that exceed the permitted benchmark, resulting in the environmental pollution.

12. Wastes refer to a kind of materials emitted from activities such as manufacturing, trading, service, daily activities and others.

13. Hazardous wastes refer to the waste that exhibits one or more of hazardous traits such as toxicity, reactivity, infectivity, ignitability, corrosivity or other poisonous characteristics.

14. Environmental industry refers to an economic sector that involves the supplying of technological solutions, equipment, services and products used to suit the requirements for environmental protection.

16. Scrap refers to materials that are collected, classified and selected from discarded materials and products during the manufacturing or consumption process, which can be then reused as materials for another manufacturing process.

17. Environment’s maximal load refers to the maximum resistance of the environment against influential factors which can enable the environment itself to be remediated.

18. Pollution control refers to the process for preventing, detecting, controlling and removal of pollutants or contaminants.

19. Environmental regulatory dossier refers to a combination of documents on the environment and environmental protection processes and activities performed by agencies, organizations, and businesses in accordance with laws.

20. Environmental monitoring refers to the formal processes and activities that need to take place to monitor the quality and components of the environment in a systematic manner as well as factors affecting the environment in order to provide necessary information to prepare the assessment on current status and change of the environment quality, and harmful impacts on the environment.

21. Planning for environmental protection refers to the environmental zoning scheme to conserve, develop and establish technical infrastructural systems for the environmental protection in line with a range of measures to be taken to protect the environment, which must be closely connected with the general planning for socio-economic development to aim for the sustainable development.

22. Strategic environmental assessment refers to the analysis and forecast of existing or potential impacts on the environment, which have been described in the development strategy, planning and proposal, in order to provide measures to control and reduce adverse impacts on the environment, and to serve as a ground for and to be incorporated in such development strategy, planning and proposal with the objective of ensuring the sustainable development.

23. Environmental impact assessment refers to the analysis and prediction of environmental impacts of specific investment projects in order to take preventive measures to protect the environment during the implementation of such projects.

24. Environmental protection infrastructure refers to the system for collecting, storing, transporting, recycling, reusing and disposing waste substances and monitoring the environment.

25. Greenhouse gas refers to a gas in an atmosphere causing the global warming and climate change.

26. Response to climate change refers to actions that human beings may take to adapt to and mitigate the climate change.

27. Carbon credit refers to any tradable certificate or permit relating to a reduction in greenhouse gas emission.

28. Environmental security refers to the assurance about none of significant threats posed by environmental events and trends to the politic and social stability as well as the economic growth in a country.

29. Environmental information refers to environmental figures and data represented in the form of signs, letters, numbers, images, sounds or the like.

Article 4. Principles of environmental protection

1. Environmental protection is the responsibilities and obligations of every agency, organization, family household and individual.

2. Environmental protection must harmonize with the economic growth, social security, assurance about the children’s right, promotion of gender equality, development and conservation of biodiversity, response to climate changes, in order to ensure the human right to live in a pure environment.

3. Environmental protection must be performed on the basis that natural resources are properly consumed and amount of waste substances are reduced to a minimum.

4. National environmental protection must conform to the regional and global environmental protection; environmental protection must ensure no harm to the national sovereignty and security.

5. Environmental protection must comply with the natural laws and characteristics, cultural and historical identities as well as the level of socio-economic development of the country.

6. Environmental protection activities must be carried out in a regular manner, and prioritize the prevention and control of environmental pollution, emergencies and degradation.

7. Any organization, family household or individual, who uses environment components and profits from the environment, is obliged to make their financial contribution to the environmental protection task.

8. Any organization, family household or individual, who causes environmental pollution, emergencies and degradation, is responsible to find remedial solutions, pay damages and assumes other responsibilities as stipulated by laws.

Article 5. Regulatory policies on the environmental protection

1. Facilitate the involvement of organizations, family households and individuals in the environmental protection activities; inspect and supervise the performance of environmental protection activities in accordance with laws.

3. Conserve the biological diversity; extract and use natural resources in a proper and economical manner; develop green and renewable energy; strengthen recycling, reuse and reduce waste substances to a minimum.

5. Diversify investment funds for the environmental protection; reserve a specified amount of expenditures allocated from the government budget for the environmental protection, which equals to a gradual increase in the growth rate; perform the consistent management of funds for the environmental protection and prioritize the utilization of these funds for key industries in the environmental protection.

6. Provide financial and land preferences and supports for the environmental protection activities, environment-friendly manufacturers and businesses.

7. Intensify the training for workforce involved in the environmental protection task.

8. Increase the development of environmental technology and science; prioritize the study, transfer and application of technological advances, high and eco-friendly technologies; introduce environmental standards to better meet the requirements for the environmental protection.

6. Conduct scientific researches, technology transfer and apply the technology for the disposal and recycling of wastes, and environment-friendly technologies.

7. Invest in establishing plants for the production of devices and equipment used for the environmental protection; supply environmental protection services; carry out the environmental auditing; provide green credits and investments.

8. Conserve and develop indigenous genes; produce and import genetic resources which are of high economic value and environmental benefit.

2. Obtain biotic resources by means of mass-killing equipment, devices and methods; carry out such production process in wrong seasons and in breach of legal regulations on the permitted productivity.

3. Obtain, trade and consume wild plants and animals identified in the list of preferentially-protected endangered, precious and scarce species, regulated by the competent authority.

4. Transport and bury poisons, radioactive substances, wastes and other hazardous substances in violation of technical process of the environmental protection.

5. Get rid of untreated wastes or sewage to meet the rigorous standards stipulated in technical regulations on environment; spread toxics, radioactive substances and other hazardous substances out to the land, water and air.

6. Discharge hazardous wastewater, waste substances and microorganisms and other poisonous agents which can impose risks to human beings and creatures into water sources.

7. Discharge smoke, dirt and gas containing toxic agents or smells into the air; emit the radiation, discharge the radioactivity and get substances to be exposed to the ionization, which exceeds the acceptable level stipulated in the technical regulations on environment.

8. Generate noises and vibrations in excess of the acceptable level stipulated in the technical regulations on environment.

9. Import and transit waste substances from overseas countries in any form.

10. Import and transit untested animals, plants, and microorganisms that are not identified in the list of permitted species.

11. Manufacture and trade products likely to pose risks to human beings, creatures and ecology; manufacture and utilize raw materials and building materials containing toxic agents in excess of the acceptable level prescribed in the technical regulations on environment.

Article 8. Principle, level and term of the planning for environmental protection

1. Planning for environmental protection must comply with the following principles:

a) Conform to the natural, socio-economic conditions; the general strategy and planning for the socio-economic development, and national defense and security maintenance; the national environment protection strategy with the aim of ensuring the sustainable development;

b) Ensure the conformity to the planning for land use; keep basic contents given in the planning for environmental protection consistent;

c) Ensure the conformity to principles of environmental protection as prescribed in Article 4 of this Law.

2. Planning for environmental protection shall include 02 levels such as the planning for environmental protection at the national and provincial level.

3. The planning period of environmental protection is 10 years with a vision to 20 years later.

Article 9. Basic contents of the planning for environmental protection

1. The national-level planning for environmental protection consists of the basic contents as follows:

2. The provincial-level planning for environmental protection must align with the specific conditions that exist in each locality through a separate or integrated planning as per the general planning for the socio-economic development.

3. Details of this Article shall be regulated by the Government.

Article 10. Responsibility for preparing the planning for environmental protection

1. The Ministry of Natural Resources and Environment shall prepare the national-level planning for environmental protection.

2. People’s Committees of centrally-governed cities and provinces (hereinafter referred to as provincial People’s Committee) shall take charge of formulating processes or preparing the local planning for environmental protection.

Article 11. Consultation on, inspection and approval of the planning for environmental protection

1. Consultation on the preparation of the planning for environmental protection is regulated as follows:

a) The Ministry of Natural Resources and Environment shall consult with Ministries, regulatory agencies and provincial People’s Committees in writing and hold an official consultation with relevant regulatory agencies and organizations during the preparation of the national-level planning for environmental protection;

b) Provincial People’s Committees shall consult with departments, regulatory agencies and People’s Committees of a district, town or city (hereinafter referred to as district-level People's Committee) in writing and hold an official consultation with relevant regulatory agencies and organizations during the preparation of the provincial-level planning for environmental protection.

2. Inspection and approval of the planning for environmental protection shall be required as follows:

a) The Ministry of Natural Resources and Environment shall establish a Council for interdisciplinary inspection and prepare the national-level planning for environmental protection for submission to the Prime Minister with the intent to seeking the approval for that planning.

b) Provincial People’s Committee shall inspect and approve the report on the provincial-level planning for environmental protection after obtaining written advice from the Ministry of Natural Resources and Environment.

3. Details of this Article shall be regulated by the Government.

Article 12. Review and modification of the planning for environmental protection

1. The planning for environmental protection must be periodically rechecked, revised and assessed in terms of the developmental process of that planning in order to make any proper adjustment thereto for the purpose of enabling the planning to conform to the socio-economic development conditions in each period. Time span for the periodical review of the planning for environmental protection shall be within a period of 5 years that begins with the approval date.

2. Adjustment and revision to the planning for environmental protection shall be commenced whenever the strategy for socio-economic development, national defense and security maintenance at national level or provincial level is adjusted. Such efforts shall be made in accordance with regulations specified in Articles 8, 9, 10 and 11 enshrined in this Law and other legal instruments.

Section 2. STRATEGIC ENVIRONMENT ASSESSMENT

Article 13. Strategic environment assessment objects

1. Strategic environment assessment objects include:

a) General strategy and planning for socio-economic development of socio-economic regions, key economic regions, corridors and belts;

b) General planning for socio-economic development of centrally-governed cities and provinces and special administrative – economic units;

c) Strategy and planning for development of economic, processing and exporting, high technology, and industrial zones;

d) Strategy and planning for extraction and utilization of natural resources that require an inclusion of 02 or more provinces;

dd) Strategy, planning and proposal for industrial and sectoral development at the national, local and provincial level that can significantly affect the environment;

e) Adjustment to the strategy, planning and proposal for specified objects described at Points a, b, c, d and dd of this Clause.

2. List of strategic environment assessment objects shall be regulated by the Government.

Article 14. Carrying out the strategic environment assessment

1. The regulatory agencies tasked with the preparation of strategy, planning and proposal as stipulated in Clause 1 Article 13 of this Law shall assume their responsibility for preparing or hiring an advisory organization to prepare the report on strategic environment assessment.

2. The strategic environment assessment must be carried out simultaneously with the process for preparing the strategy, planning and proposal.

3. The final result of the strategic environment assessment must be checked and incorporated into the strategy, planning and proposal.

4. On the basis of carrying out the strategic environment assessment, the regulatory agencies tasked with the preparation of strategy, planning and proposal shall assume their responsibility for preparing the report on strategic environment assessment for submission to the competent authority for the inspection purpose.

Article 15. Main subject-matters of the report on strategic environment assessment

1. Necessity and legal grounds for the task of preparing the strategy, planning and proposal.

2. Method for carrying out the strategic environment assessment.

3. Summary of subject-matters included in the strategy, planning and proposal.

4. Natural and socio-economic environment of an area which is affected by the strategy, planning and proposal.

5. Assessment on the conformity of the strategy, planning and proposal to environmental protection viewpoints and objectives.

6. Assessment and prediction with reference to the positive and negative trend towards environmental issues to be provided in the case of implementing the strategy, planning and proposal.

7. Assessment and prediction with reference to the trend in climate change impacts in the course of implementing the strategy, planning and proposal.

8. Consultation to be required in the process of the strategic environment assessment.

9. Measures for sustaining the positive trends, controlling and mitigating negative trends towards environmental issues in the process of the strategy, planning and proposal.

10. Issues that need to be further researched in the process of implementing the strategy, planning, proposal, and recommended solutions.

Article 16. Verification of the report on strategic environment assessment

1. Responsibility for verifying the report on strategic environment assessment shall be specified as follows:

a) The Ministry of Natural Resources and Environment shall carry out the verification of the report on strategic environment assessment in respect of the strategy, planning and proposal decided by the National Assembly, Government and the Prime Minister;

b) Ministries and quasi-ministerial agencies shall arrange to verify the report on strategic environment assessment in respect of the strategy, planning and proposal within their jurisdiction;

c) Provincial People’s Committees shall verify the report on strategic environment assessment in respect of the strategy, planning and proposal within their authority to grant approval and within the jurisdiction of People’s Council at the same administrative level.

2. The verification of the report on strategic environment assessment must be performed by an inspection council established by the head or the person who takes over as a leader of the agency in charge of preparing the report on strategic environment assessment.

3. The agency in charge of verifying the report on strategic environment assessment shall arrange to inspect and assess the information given in the report on strategic environment assessment; conduct a poll to collect opinions from regulatory agencies, organizations and experts involved.

Article 17. Receiving the verification comments and reporting the conclusive result of verification of the report on the strategic environment assessment

1. The regulatory agencies in charge of developing the strategy, planning and proposal shall assume their responsibility for completing the report on strategic environment assessment and preparing a written draft of the strategy, planning and proposal on the basis of conducting proper researches and referring to responses from the inspection council.

2. The regulatory in charge of verifying the report on strategic environment assessment shall send a written report on the verification result to the competent authority to obtain the approval for the strategy, planning and proposal.

3. The conclusive result of verification of the report on strategic environment assessment shall serve as the ground for the approval of strategy, planning and proposal granted by the competent authority.

Section 3. ENVIRONMENTAL IMPACT ASSESSMENT

Article 18. Environmental impact assessment objects

1. Environmental impact assessment objects consist of:

a) Projects subject to the decision on investment intentions made by the National Assembly, Government and the Prime Minister;

b) Projects that use land parcels situated in wildlife sanctuaries, national parks, historical – cultural monuments, world heritage sites, biosphere reserves, scenic beauty areas that have been ranked;

c) Projects that can cause bad effects on the environment.

2. List of projects mentioned at Points b and c Clause 1 of this Article shall be regulated by the Government.

Article 19. Carrying out the environment impact assessment

1. Owners of projects regulated in Clause 1 Article 18 of this Law shall carry out, on his own, or hire an advisory organization to carry out the environmental impact assessment and take statutory responsibility for the conclusive result after carrying out such assessment.

2. The environment impact assessment must be performed in the preparatory stage of the project.

3. The conclusive result yielded after carrying out the environment impact assessment shall be expressed in the form of the report on environmental impact assessment.

4. Expenses incurred from the formulation and inspection of the report on environmental impact assessment, and included in total investment budget shall be covered by the project owner.

Article 20. Remaking the report on the environment impact assessment

1. Project owners must repeat the report on the environment impact assessment when:

a) The project is not executed within a period of 24 months as from the date on which the decision on approving the report on environmental impact assessment is made;

b) Project location has been changed as against the approved plan specified in the report on environmental impact assessment;

c) An increase in the size, capacity and technological changes can cause adverse impacts on the environment in comparison with the approved alternatives identified in the report on environmental impact assessment.

2. Details of Point c Clause 1 in this Article shall be regulated by the Government.

Article 21. Consultation to be required in the process of the strategic environment assessment

1. The consultation to be required in the process of environmental impact assessment is aimed at completing the report on environmental impact assessment, helps minimize the bad impacts on the environment and human beings and ensure the sustainable development of the project.

2. Project owners are obliged to consult with regulatory agencies, organizations and communities that are directly affected by the project.

3. Projects that do not require the consultation include:

a) Those in conformity with the planning for concentrated manufacturing, trading and service provision areas under the approval of the report on environmental impact assessment at the infrastructural construction stage for the project;

b) Those specified in the list of state secret projects.

Article 22. Main subject-matters of the report on environmental impact assessment

1. Origin of the project, project owners, and the competent authority's approval of the project; method of the environmental impact assessment.

2. Evaluation of technological choice, work items and any activity relating to the project which can cause bad effects on the environment.

3. Assessment of current status of natural and socio-economic environment carried out at areas where the project is located, adjacent areas and demonstration of the suitability of the selected project site.

4. Assessment and forecast of waste sources, and the impact of the project on the environment and community health.

5. Assessment, forecast and determination of measures for managing the risks of the project posed to the environment and community health.

6. Waste disposal measures.

7. Measures for minimizing the impact of the project on the environment and community health.

8. Consultation result.

9. Environmental management and supervision programs.

10. Budget estimate for the construction of environmental protection facilities and measures to be taken to minimize the environmental impact.

11. Alternatives to the application of measures for the environment protection.

1. The Ministry of Natural Resources and Environment shall arrange to verify the report on environmental impact assessment in respect of the following projects:

a) Projects subject to the decision on investment intentions made by the National Assembly, Government and the Prime Minister;

b) Interdisciplinary or inter-provincial projects stipulated at Points b and c Clause 1 Article 18 in this Law, exclusive of those classified as the secret projects in the field of national defense and security;

c) Projects verified by the Government’s authorized entities.

2. Ministries and quasi-ministerial agencies shall inspect the report on environmental impact assessment in respect of projects that shall be permitted under their decision and approval, but are not specified in regulations mentioned at Points b and c Clause 1 of this Article.

3. The Ministry of National Defense and the Ministry of Public Security shall arrange to verify the report on environmental impact assessment in respect of projects that shall be permitted under their decision and approval, and those classified as the secret projects in the field of national defense and security.

4. Provincial People’s Committees shall arrange to verify the report on environmental impact assessment in respect of investment projects within their territories that are not regulated at Clause 1, 2 and 3 of this Article.

Article 24. Verification of the report on environmental impact assessment

1. The Head or the person who takes over as a leader of the agency in charge of the verification task shall arrange to carry out the verification of the report on environmental impact assessment by means of seeking the permission from the inspection council or obtaining advisory opinions from relevant agencies and organizations, and concurrently bear legal responsibility for their verification result.

2. Members of the inspection council and entities that are requested to contribute their advisory opinions shall be legally responsible for such of their opinions.

3. When necessary, the agency in charge of verification shall arrange to conduct a poll to obtain the critical opinions from other institutions, organizations and experts in relation to the verification of the report on environmental impact assessment.

4. Within a verification period, where any adjustment or supplementation is required, the inspection agency is responsible to send a written notification thereof to the project owner.

Article 25. Approval of the report on the environmental impact assessment

1. Within a period of 20 days which begins with the date when the report on environmental impact assessment is received after being adjusted at the request of the verification agency, the head or the person who takes over as the leader of the inspection agency shall be responsible to approve the report on environmental impact assessment; if the report is rejected, the project owner must be notified in writing in which the reasons for such rejection must be clearly explained.

2. Decision on verifying the report on environmental impact assessment shall serve as the ground for the competent authority's following tasks:

a) Decision on the intention to invest in the projects specified in Article 18 of this Law must be granted if the project is required to obtain such decision in accordance with laws.

b) Issuing and revising the prospecting permit, mineral extraction permit in respect of the mineral exploration and extraction projects;

c) Approving the plan for prospecting or exploration, and the plan for mine development in respect of petroleum exploration and extraction;

d) Issue and revising the construction permit in respect of the projects on the development of works or structures that are required to obtain the construction permit before commencement;

dd) Issuing the investment certificate with reference to projects that are not regulated at Points a, b, c and d in this Clause.

Article 26. Responsibility assumed by the project owner after being granted the approval of their report on the environmental impact assessment

1. Comply with the requests specified in the approval of their report on environmental impact assessment.

2. Where any change in the project size, capacity and technology applied in the project execution is blamed for the bad impact on the environment in comparison with the alternatives given in the approved report on environmental impact assessment, but is not too serious to make another report as stipulated at Point c Clause 1 Article 20 pf this Law, the project owner must send their explanation to the agency who grants the approval of the report on environmental impact assessment, and the project shall be commenced only after obtaining the permission from such agency.

Article 27. Responsibility assumed by the project owner before bringing the project into operation.

1. Apply measures for the environmental protection under the decision on the approval of their report on environmental impact assessment.

2. Notify the agency who grants the approval of the report on environmental impact assessment of the developmental process of environmental protection works functioning as an ancillary part of major projects that can cause bad impacts on the environment in accordance with the Governmental regulations. These projects will be commenced only after the agency in charge of the approval of the report on environmental impact assessment has inspected and certified the completion of environmental protection works.

Article 28. Responsibility of the agency in charge of approving the report on the environmental impact assessment

1. Bear the statutory responsibility for their conclusive result and decision on the approval of the report on environmental impact assessment.

2. Within a period of 15 days as from the date on which the project owner’s report on the completion of environmental protection works under the regulations specified in Clause 2 Article 27 of this Law, the agency in charge of approving the report on environmental impact assessment must examine and issue the certificate of completion of environmental protection works. Where an analysis of complicated environmental criteria is required, the time span for the issuance of the certificate of completion of environmental protection works can be extended for less than 30 days.

1. Investment projects that are not identified as objects that require the environmental impact assessment.

2. Alternatives for the production, trading and services that are not identified as objects that require the formulation of investment projects in accordance with the law on investment.

3. Details of this Article shall be regulated by the Government.

Article 30. Subject-matters of the environmental protection plan

1. Project site.

2. Type, technology and scale of production, trading and service.

3. Required raw materials and fuels.

4. Forecast of wastes and any other substances affecting the environment.

5. Measures for disposing of wastes and mitigating the bad environmental impact.

6. Measures to be applied for the environment protection.

Article 31. Time of registration and certification of the environmental protection plan

Owners of projects, alternatives for production, trading and service provision as regulated in Article 29 of this Law must prepare the environmental protection plan for submission to competent authorities, according to regulations specified in Article 32 of this Law, for the purpose of consideration and certification before the project is commenced and alternatives for production, trading and service provision are put into operation.

Article 32. Responsibility for confirmation of the environmental protection plan

1. The environment protection agency affiliated to provincial People’s Committees must certify the environmental protection plan in respect of the following projects:

a) Those that shall be executed in more than 02 districts;

b) Those that shall be executed on polluted marine zones with waste substances to be shipped for the purpose of inland treatment in a province;

c) Those that are designed at a large scale and can cause bad impacts on the environment of a province in accordance with the Minister of Natural Resources and Environment.

2. District-level People’s Committee shall certify the environmental protection plan of projects and alternatives for production, trading and service provision within the vicinity of a specified district, except for those regulated in Clause 1 of this Article; district-level People’s Committee is entitled to authorize People’s Committee of a commune, ward or town (hereinafter referred to as communal People’s Committee) to certify the environmental protection plan for projects, alternatives for production, trading and service provision managed by family households within the territory of a specific commune.

3. Within a period of 10 days as from the receipt of the environmental protection plan, competent authorities stipulated in Clause 1 and 2 of this Article must certify the registration of the environmental protection plan; where the certification of registration of the environmental protection plan is refused, the competent authority must send a written notification in which the reasons for this refusal must be clearly stated.

Article 33. Responsibility assumed by the project owner and owner of manufacturing or business establishment upon completion of certification of the environmental protection plan

1. Measures to be applied for the environment protection according to the approved plan for environmental protection.

2. Where an environmental emergency occurs, all operations must be suspended, take remedial measures and promptly notify the communal or People’s Committee of a commune or district where the project is executed, or the environmental protection agency affiliated to the provincial People’s Committee as well as relevant competent agencies.

3. Cooperate with and provide all required information for governmental bodies in charge of State management of the environmental protection, which serve the purpose of examination and inspection.

4. Prepare another plan and repeat the registration of the plan for environmental protection for investment projects, alternatives for production, trading and service provision in the following cases:

a) Relocation;

b) Failure to put the approved plan for environmental protection into operation within a period of 24 months as from the date on which the approval is granted.

5. Where projects and alternatives for production, trading and service provision have been changed in respect of their size and characteristics so significantly that another report on the environmental impact assessment must be in place, owners of such manufacturing or business establishments must prepare the report on environmental impact assessment for submission to the competent authority for the purpose of verification and approval.

Article 34. Responsibility of the agency in charge of certifying the environmental protection plan

1. Examine the application of measures for the environment protection according to the approved environmental protection plan.

2. Receive and deal with environmental protection recommendations of project owners and owners of manufacturing or business establishments, individuals participating in the project and alternatives for production, trading and service provision.

3. Cooperate with project owners and owners of manufacturing or business establishments, and any relevant entity in settling environmental emergencies that take place during the implementation of projects and alternatives for production, trading and service provision.

Chapter III

ENVIRONMENTAL PROTECTION CONCERNS DURING THE EXTRACTION AND UTILIZATION OF NATURAL RESOURCES

Article 35. Environmental protection concerns during the inspection, assessment and preparation of the planning for utilization of natural resources and biodiversity

1. The current status, recyclability and economic value of natural resources and biodiversity must be investigated and evaluated to serve as a basis for the preparation of the plan for proper utilization; define the limit on permitted extraction levels, severance tax rates, environmental protection fees, environmental remediation deposits, biodiversity reimbursable costs, environmental damages and other measures for the environmental protection.

2. The inspection, assessment and preparation of the planning for utilization of natural resources must be performed in accordance with laws.

Article 36. Protection and sustainable development of forest resources

All activities relating to production, trading and service provision as well as others that cause impacts on land, water, air resources and forest-related biodiversity must comply with regulations set out in this Law and the law on biodiversity, protection and development of forests, and other relevant laws.

1. The basic survey, exploration, extraction and utilization of natural resources must comply with the planning approved by competent regulatory agencies.

2. A permit for exploration, extraction and utilization of natural resources must enclose the information about environmental protection in accordance with laws.

3. In course of basic survey, exploration, extraction and utilization of natural resources, interested organizations and individuals bear responsibility for fulfilling the requirements for environmental protection; must carry out the environmental remediation in accordance with this Law and other relevant laws.

Article 38. Environmental protection concerns during the exploration, extraction and processing of minerals

1. In course of prospecting, extraction and processing of minerals, interested organizations or individuals must find preventive measures and responses to environmental emergencies and meet requirements for environmental protection, rehabilitation and remediation as follows:

a) Collect and dispose of wastewater in accordance with laws;

b) Collect and dispose of solid wastes in accordance with the regulations on solid waste management;

c) Take measures to prevent and control the spread of hazardous waste dusts and emissions that can pose threats to the surroundings;

d) Draw up a plan for environmental rehabilitation and remediation for all processes of exploration, extraction and processing of minerals, and take ongoing action to rehabilitate and restore the environment in course of exploration, extraction and processing of minerals;

2. Minerals with hazardous properties must be handled and shipped by dedicated transports and properly covered to prevent being spread out to the environment.

3. Employment of machinery and equipment that can cause harmful impacts on the environment, hazardous chemicals in the mineral exploration and extraction is subject to the examination and inspection carried out by the agency in charge of State management of environmental protection.

4. Prospecting, extraction, shipping and processing of petroleum and minerals that contain radioactive, toxic and explosive agents must conform to regulations set out in this Law and the law on chemical safety, radiation safety and nuclear safety.

5. The Ministry of Natural Resources and Environment shall direct and cooperate with the Ministry of Industry and Trade, other relevant Ministries, quasi-ministerial organs, Governmental bodies and provincial People’s Committees in jointly providing guidance on the statistical report on waste discharges, assessment of environmental contamination level of mineral extraction and processing sites; examine and inspect the compliance with laws on the environmental protection thereof

Chapter IV.

RESPONSE TO CLIMATE CHANGE

Article 39. General provisions on the response to climate change

1. All activities relating to the environmental protection must be harmoniously connected with the response to climate change.

2. Organizations or individuals shall be responsible to fulfill requirements for the environmental protection and response to climate change during their production, trading and service provision as stipulated in this Law and other relevant laws.

3. Ministries, quasi-ministerial organs and People’s Committees at all administrative levels shall design and develop the action plan for the environmental protection and response to climate change within their area of competence.

4. The Ministry of Natural Resources and Environment shall assist the Government in designing, implementing and providing guidelines for the responses to climate change.

Article 40. Integration of main contents of responses to climate change with the strategy, planning and proposal for socio-economic development

1. Main contents of response to climate change must be included in the strategy, planning, proposal for socio-economic development as well as planning for industrial and sectoral development, which is applicable to objects required to make a report on strategic environment assessment as prescribed in Article 13 of this Law.

2. The integration of main contents of responses to climate change into the strategy, planning and proposal for socio-economic development as well as planning for industrial and sectoral development must rely on the assessment of correlation of activities described in the strategy, planning and proposal with the environment, climate change, and a range of measures to be taken for the environmental protection and response to climate change.

Article 41. Management of greenhouse gas emissions

1. Management of greenhouse gas emissions shall be described as follows:

a) Setting the national regulations on the inventorying of greenhouse gases;

b) Taking action to reduce the harmful impact of greenhouse gases in conformity with socio-economic conditions;

d) Examining and inspecting the compliance with regulations on inventorying and reducing greenhouse gas emissions;

dd) Creating and developing carbon credit markets in the country, and participating in carbon credit markets in the globe;

e) Entering into the international cooperation in an effort to reduce greenhouse gases.

2. The Ministry of Natural Resources and Environment shall direct and cooperate with relevant Ministries and industries in carrying out the inventorying of greenhouse gases, compile a national report on the management of greenhouse gas emission which meet the rigorous standards set out in the international agreements to which the Socialist Republic of Vietnam is a signatory.

Article 42. Management of ozone-depleting substances

1. Prioritize the introduction and implementation of policies on and plans for management, mitigation and elimination of ozone-depleting substances.

2. Prohibit the production, importation, temporary importation and re-exportation as well as consumption of ozone-depleting substances in uniformity with the regulations set out in the international agreements to which the Socialist Republic of Vietnam is a signatory.

Article 43. Renewable energy development

1. Renewable energy refers to energy that comes from resources such as water, wind, sunlight, geothermal heat, tides, waves, biological fuels and other resources that can generate renewable energy.

2. Promote the production, importation and employment of renewable energy-driven machinery, equipment and means of transport.

Article 44. Eco-friendly production and consumption

1. Agencies, organizations, family households or individuals shall be responsible to manufacture and consume eco-friendly products and services.

2. The Head of state budget-funded institutions shall bear their responsibility for preferring eco-friendly products and services that have been recognized as ecolabels under legal regulations.

3. The Ministry of Natural Resources and Environment shall direct and cooperate with communications agencies in performing the advertisement and promotion activities for such eco-friendly products and services.

Article 45. Waste-to-energy process

1. Owner of manufacturing or business establishments must be responsible for reducing, reusing and recycling wastes, and generating the energy from wastes.

2. The Government shall provide preferential policies on the mitigation, reuse and recycling of wastes, and generation of the energy from wastes.

Article 46. Rights and responsibilities of the human community for the response to climate change

1. Human community shall be vested with the right to provide and request the provision of information about climate change issues, exclusive of information specified in the list of state secret information.

2. Human community shall be responsible for participating in activities relating to the response to climate change.

3. The regulatory agency in charge of climate change issues shall bear responsibility for providing information and create events to raise people's awareness of climate change as well as provide better supports to human communities to get involved in activities relating to the response to climate change.

Article 47. Development and application of technological and scientific advances for the response to climate change

1. All activities relating to the study, transfer and application of technological and scientific advances for the response to climate change shall be given priority, including:

a) Developing a single scientific discipline or a combination of scientific disciplines of the management, assessment, supervision and prediction of impacts caused by climate change on the socio-economic growth, environmental issues and community health;

b) Conduct basic and applied scientific investigation and research; develop and transfer technological advances in reducing greenhouse gases and coping with climate change; enhance the competitiveness of the economy, key manufacturing industries; promote the development of low carbon economy and green growth.

2. Agencies, organizations and manufacturing or business establishment shall be responsible for conducting or engaging in scientific and technological researches, transfer and application with the aim of responding to the climate change.

Article 48. International cooperation in the response to climate change

1. The State shall introduce policies on international cooperation in attracting more investments, financial aids, develop and transfer technologies, and enhance its competence in taking measures to respond to the climate change with the aim of building a green economy in the future.

2. The Government shall regulate the roadmap and modality for their participation in reducing global greenhouse gases in conformity with socio-economic conditions and commitments made in the international agreements to which the Socialist Republic of Vietnam is a signatory.

Chapter V

PROTECTION OF MARINE AND ISLAND ENVIRONMENT

Article 49. General provisions on the protection of marine and island environment

1. Strategy, planning and proposal for the socio-economic development, national defense and security relating to sea and islands must include environmental protection and response to climate change.

2. Waste sources discharged from mainland, islands and marine activities must be controlled, prevented, mitigated and disposed in accordance with laws.

3. Prevention and response to environmental emergencies that take place on the sea and islands require the close cooperation between regulatory bodies, rescue teams and other relevant entities.

4. Organizations or individuals operating on the sea and islands must take the initiative in responding to environmental emergencies and bear their responsibility for working with regulatory bodies and other interested entities to respond to environmental emergencies that occur on the sea and islands.

5. Strategy, planning and proposal for the extraction of natural resources from marine zones, islands, wildlife sanctuaries, mangrove forest, natural and island heritage sites must align with the strategy and planning for environmental protection.

1. Waste substances discharged from the mainland to the seas and derived from the sea and islands must be statistically reported, assessed and subject to any measure to be taken to prevent, reduce and dispose them to achieve accepted standards set out in the technical regulations on environment.

2. Oil, fat, drilling fluids, ballast water, chemicals and other hazardous substances after being used for activities on the sea and islands must be collected, stored, transported and disposed in accordance with regulations on waste management.

3. Dumping and discharge of wastes on the marine zones and islands must be based on the specific features and attributes of wastes and must be permitted by the competent regulatory agencies.

4. Preventive and remedial measures against marine and island environmental pollution must comply with International Agreements on sea and islands to which the Socialist Republic of Vietnam is a signatory.

Article 51. Prevention of and response to marine and island environmental emergencies

1. Organizations or individuals whose activities on the sea and islands can pose a threat to causing environmental emergencies must set up plan and prepare resources to prevent and respond to environmental emergencies as well as send a report to regulatory agencies.

2. Ministries, quasi-ministerial agencies, Governmental organs and provincial People’s Committees within their powers and jurisdiction must be responsible for promptly alerting and notifying any marine environmental emergency as well as take responsive and remedial measures.

Chapter VI

ENVIRONMENTAL PROTECTION FOR WATER, LAND AND AIR

Section 1. ENVIRONMENTAL PROTECTION FOR RIVER WATER

Article 52. General provisions on the environmental protection for river water

1. The environmental protection for river water is one of basic requirements set out in the planning and proposal for extraction and utilization of river water.

2. Waste discharges drained out to the river basin must be managed to meet the accepted standards of river’s maximal load.

3. The quality of river water and sediments must be monitored and assessed.

4. The environmental protection for the river basin must be closely connected with the biodiversity conservation, river water extraction and utilization.

5. Owners of manufacturing or business establishments, family households and individuals must be responsible for reducing and disposing of waste substances before being discharged to the river basin as stipulated by laws.

1. Make a statistical report, assess, mitigate and dispose of wastes discharged to the river basin.

2. Carry out the periodical monitoring and assessment of the quality of river water and sediments.

3. Investigate and assess the river’s maximal load; publicize river sections or rivers that are no longer capable of loading waste substances; determine the limited amount of wastes discharged to the river.

4. Control pollution conditions and improve the environmental condition for contaminated river sections or rivers.

5. Conduct the trans-border monitoring and assessment of the environmental quality of river water and sediments, and share necessary information on the basis of complying with international laws and practices.

6. Develop and become involved in the initiative for the river environmental protection.

7. Disclose the information about river water and sediment environment to the organization specializing in the management, extraction and utilization of river water.

Article 54. Responsibility of provincial People’s Committees for the environmental protection for water derived from provincial rivers

1. Disclose the information about waste discharges into rivers.

2. Direct and arrange activities to prevent and control waste discharges drained to the river.

3. Conduct the assessment of the river’s maximal load; determine the limited amount of wastes discharged to the river; publicize river sections or rivers that are no longer capable of loading waste substances.

4. Carry out the assessment of loss incurred by the river-water environmental pollution and the control of such pollution conditions.

5. Direct the formulation and development of the initiative for the river environmental protection.

Article 55. Responsibility of the Ministry of Natural Resources and Environment for the river-water environmental protection

1. Assess the quality of river water and sediments at inter-provincial and trans-border rivers.

2. Investigate and assess the river’s maximal load, determine the limited amount of waste discharges which corresponds to the objective of using water and making the related information known to the public.

3. Issue and provide guidance for the implementation of technical regulations on river-water and sediment environment.

4. Issue and provide guidance for the assessment of the river’s maximal load and quota of sewage discharged to the inter-provincial rivers, control the pollution condition and improve the environmental health for contaminated river and river sections.

5. Arrange and direct activities that should be performed for the purpose of the environmental protection for inter-provincial river water.

6. Conduct the assessment of the polluting waste discharges, damaging levels and take measures to control the pollution condition for inter-provincial rivers.

7. Make a final report on the information about the quality of river water and sediments and send an annual report on this matter to the Prime Minister.

8. Prepare and submit the initiative for the water environmental protection for inter-provincial rivers to the Prime Minister to seek an approval.

1. The reserve and quality of lake, pond, canal and ditch water sources must be investigated, assessed and protected for the purpose of water moderation.

2. Lake, pond, canal and ditch located in the urban and residential area must be renovated and protected to meet the requirements set out in the planning.

3. Organizations or individuals do not allow to encroach upon and illegally erect houses and structures on the water surface or near lake, pond, canal and ditch; restrict the sand-filling of lake and pond in the urban and residential area.

4. Provincial People’s Committees take responsibility for investigating and assessing the reserve and quality of water as well as set up plans for protection and moderation of water flows on lake, pond, canal and ditch; formulate and develop the plan for renovation or relocation of residential zones, clusters and structures built on the lake, pond, canal and ditch that can cause environmental pollution and block the water current as well as degrade the wetland environment and ruin urban landscapes.

Article 57. Environmental protection for water reservoirs or lakes for the purpose of irrigation and hydropower

1. The construction, management and operation of water reservoirs or lakes for the purpose of irrigation and hydropower must meet the requirement for the environmental protection.

2. Do not encroach upon the land area and dump solid wastes, lands and stones out to lakes; drain wastewater that has not been treated properly as required by the technical regulations on environment into the lake.

3. The agency in charge of water reservoirs or lakes for the purpose of irrigation and hydropower shall be responsible to conduct the tri-monthly environmental monitoring for lake water.

Article 58. Environmental protection for underground water

1. Only allow to use permitted chemical in the approved list released by the competent regulatory agency in course of prospecting and extraction of underground water.

2. Take preventive measures against the pollution of underground water through prospecting and extraction wells. Underground water facilities must be responsible for environmental remediation at prospecting and extraction sites. Abandoned exploration and extraction drill holes must be refilled in compliance with proper technical process.

3. Production, trading and service provision facilities that employ harmful chemicals and radioactive substances must apply preventive measures against leakage and spread out to the underground water.

4. Chemical sheds, treatment facilities and landfills of hazardous wastes must be developed to ensure technical safety, and apply necessary measures to barricade harmful chemicals absorbed into the underground water in accordance with legal regulations.

5. Organizations or individuals who contaminate the underground water must assume their responsibility for dealing with the underground water pollution.

Section 3. Protection of land environment

Article 59. General provisions on the environmental protection for land

1. The environmental protection is one of fundamental requirements for the management of land resource.

2. Sketch out the planning, proposal, project and action plan for the land utilization must consider the impact on land environment and introduce measures to protect the land environment.

3. Organization, family household and individual who is vested with the land ownership is obliged to perform the land environmental protection.

4. Organization, family household and individual who pollutes the land environment shall be liable to carry out the treatment, renovation and remediation of land environment.

Article 60. Management of land environmental quality

1. Land environmental quality must be investigated, assessed, classified and managed as well as disclose relevant information to organizations and individuals involved.

2. Wastes discharged into the land environment are not allowed to exceed the land’s maximal load.

3. Land areas faced with the degradation must be confined to being expanded, tracked and monitored.

4. Degraded land areas must be rehabilitated and restored.

5. The regulatory agency in charge of the environmental protection must be responsible for investigating, assessing and disclosing relevant information about the land environmental quality.

Article 61. Controlling of land environmental pollution

1. Elements that can pose a risk of polluting the land environment must be defined, statistically reported, assessed and controlled.

2. The regulatory agencies in charge of the environmental protection shall be responsible for taking necessary measures to control the land pollution.

3. Manufacturing or business establishments shall be responsible for applying measures to control the environmental pollution thereat.

4. Land areas containing soil and mud exposed to the dioxin agent which is derived from the herbicide used in the war time, remains of plant pesticides and other hazardous substances must be investigated, assessed, restricted and disposed in order to meet the required standards set out in the environmental protection regulations.

5. Details of this Article shall be regulated by the Government.

Section 4. PROTECTION OF AIR ENVIRONMENT

Article 62. General provisions on the aerial environment protection

1. All waste gases discharged into the aerial environment must be assessed and controlled.

2. Organizations or individuals involving in the harmful gas emission that causes bad effects on the environment during their production, trading and service provision activities must be responsible for reducing and disposing of such waste gases in order to meet the accepted standards for aerial environment as stipulated by laws.

Article 63. Management of aerial environment quality

The regulatory agency in charge of the environmental protection shall take their responsibility for monitoring and assessing the quality of aerial environment as well as disclose relevant information hereof; where the air pollution is detected, a prompt alert and solution must be in place.

Article 64. Controlling of aerial environment pollution

1. Waste gas emission source must be determined in respect of amount, properties and features of these emissions.

2. The examination and approval of projects and operations that emit waste gases must depend on the aerial environment’s maximal load and ensure none of threats to human and environmental health.

3. Manufacturing or business establishments that are likely to emit a large amount of industrial waste gases must register polluting sources, measure, statistically report, inventory and set up database relating to the amount, characteristics and properties of waste emissions.

4. Manufacturing or business establishments that are own the large source of industrial emissions must install the automatic and non-stop waste-gas monitoring equipment and must be licensed by the relevant competent authority.

5. Details of this Article shall be regulated by the Government.

Chapter VII

ENVIRONMENTAL PROTECTION IN MANUFACTURING, TRADING, AND SERVICE PROVISION

Article 65. Environmental protection in economic zones

1. Every economic zone must have infrastructure works serving environmental protection as prescribed by law.

2. Every management board of economic zones must have a unit specialized in environmental protection.

3. The management boards of economic zones shall cooperate with local regulatory bodies in organizing environmental protection and shall report the environmental protection tasks in economic zones as prescribed by law.

4. The Minister of Natural Resources and Environment shall elaborate this Article.

a) The zoning and operations must be suitable for environmental protection tasks;

b) The concentrated wastewater collection and treatment system are conformable with environmental regulations; there is an automatic and continuous wastewater monitoring system as well as wastewater flow rate meters.

c) Appropriate units are assigned to take charge of environmental protection tasks.

4. The Minister of Natural Resources and Environment shall elaborate this Article.

c) Minimize, collect, treat dust and exhaust gases in accordance with law; ensure no leakage and discharge of noxious gases into the environment; limit noise, vibration, light and heat emission that negatively affects the surrounding environment and employees;

d) Provide sufficient resources and equipment for prevention and response to environmental emergencies;

dd) Formulate and implement environmental protection plans;

2. Manufacturing establishments or warehouses must ensure that there are no negative impacts on residential areas if they:

a) Have inflammable and/or explosive substances;

b) Have radioactive substances or strongly radiating substances;

c) Have substances that are harmful to humans and animals;

d) Emit dust, smell, noise that negatively affect human health;

dd) Cause pollution to water sources.

3. Manufacturing and business establishments that produce a large a mount of waste that is likely to seriously affect the environment must specialized units or employees specialized in environmental protection; the environment management systems of which must be certified as prescribed by the government.

4. Owners of manufacturing and business establishments are responsible for fulfilling the environmental protection requirements in Clauses 1, 2, and 3 of this Article and relevant regulations of law.

Article 69. Environmental protection in agricultural production

1. Every entity that produces, imports, sells, and/or uses pesticides and veterinary medicines must comply with environmental protection regulations in Clause 1 and Clause 2 Article 78 of this Article.

2. Expired fertilizers, products for breeding environment remediation; containers of fertilizers, pesticides and veterinary medicine must be treated after use in accordance with waste management regulations.

3. Every concentrated breeding zone must have an environmental protection plan and:

1. Every entity that produces, imports, and/or sells aquacultural medicines or chemicals must comply with environmental protection regulations and relevant regulations of law.

2. Do not use aquacultural medicines or chemicals that are expired or not on the list of permissible substances in aquaculture.

3. Expired aquaculture medicines and chemicals; used containers of aquaculture medicines and chemicals, mud and feed that deposit while cleaning must be collected and treated in accordance with waste management regulations.

4. Concentrated aquaculture zones must be conformable with planning and satisfy the following requirements:

b) Wastes are collected and treated in accordance with law;

b) The environment is remedied after aquaculture is terminated;

c) Environmental hygiene condition and prevention of aquacultural epidemics are ensured; no harmful chemicals or deposits are used.

5. The concentrated aquaculture zone is not built on an alluvial ground that is forming an estuary.

2. Chemicals, pesticides, and veterinary medicines with high toxicity, stability, likely to spread or agglomerate in the environment and negatively impact the environment and human health must be registered, managed, assessed, and processed in accordance with law.

3. The Minister of Natural Resources and Environment shall take charge and cooperate with the Minister of Industry and Trade and the Minister of Agriculture and Rural development in elaborating this Article.

Article 79. Environmental protection by research institutes and laboratories

5. Investors in concentrated residential area projects and apartment buildings shall fulfill the environmental protection requirements prescribed in Clause 2 and Clause 3 of this Article.

6. Scattered residential areas must have places and system for collecting and treating wastes, clean water supply systems, and activities to develop a green, clean, and safe environment.

Article 81. Environmental protection in public places

1. Organizations, households, and individuals are responsible for complying with environmental protection regulations and keep public hygiene; classify wastes and put them into public trashcans or permissible dumpsites; do not let domestic animals spoil public hygiene.

1. Every entity that discharges hazardous wastes must collect, store, and process hazardous wastes in accordance with environmental standards; if the entity that discharges hazardous wastes fails to process hazardous wastes in accordance with environmental standards, hazardous wastes shall be transferred to an entity licensed to process hazardous wastes.

2. Hazardous wastes must be kept in specialized containers that ensure no negative impacts on humans and the environment.

Article 92. Transport of hazardous wastes

1. Hazardous wastes must be transported with suitable vehicles and equipment which are specified in the license to process hazardous wastes.

2. Hazardous wastes transported to another country must comply with the international agreements to which the Socialist Republic of Vietnam is a signatory.

Article 93. Conditions of facilities that process hazardous wastes

1. Its location is approved by a competent authority.

2. Its distance ensures no negative impacts on the environment and human.

3. There are technologies and specialized equipment for storing and processing hazardous waste in accordance with environmental standards.

4. There are constructions and measures for environmental protection.

5. There are managers granted certificates and qualified technicians.

6. There are procedures for safe operation of specialized equipment.

7. There is an environmental protection plan.

8. There is a plan for environmental remediation after shutdown.

9. There is an environmental impact assessment report approved by the Ministry of Natural Resources and Environment.

1. Assessment and forecast for sources and amount of hazardous wastes.

2. Ability to collect and classify at source.

3. Ability to recycle.

4. Locations and scale of the gathering, recycling, and processing sites.

5. Hazardous waste processing technologies.

6. Resources

7. Schedule.

8. Task assignment.

Section 3. MANAGEMENT CONVENTIONAL SOLID WASTES

Article 95. Responsibility to classify conventional solid wastes

Owners of manufacturing and business establishments, organizations, households, and individuals that produce conventional solid wastes are responsible for classifying them at source to facilitate their recycling and processing.

Owners of manufacturing and business establishments, organizations, households, and individuals that produce conventional solid wastes are responsible for recycling and treating them. If conventional solid wastes cannot be recycled or treated, they shall be sent to the organizations capable of recycling such or processing such wastes.

1. Assessment and forecast for sources and amount of conventional solid wastes.

2. Ability to collect and classify at source.

3. Ability to recycle.

4. Location and scale of the gathering, recycling, and processing sites.

5. Conventional solid waste treatment technologies

6. Resources

7. Schedule.

8. Task assignment.

Section 4. WASTEWATER MANAGEMENT

Article 99. GENERAL REGULATIONS ON WASTEWATER MANAGEMENT

1. Wastewater shall be collected and treated in accordance with environmental standards.

2. Wastewater that contains hazardous elements beyond the permissible limits shall be managed in accordance with regulations on hazardous wastes

Article 100. Collection and treatment of wastewater

1. Every urban area and concentrated residential area must have a system for separating rainwater and wastewater.

2. Wastewater produced by manufacturing and business establishments must be collected and treated in accordance with environmental standards.

3. Waste sludge from wastewater treatment systems shall be managed in accordance with regulations of law on solid waste management; waste sludge that contains hazardous wastes beyond permissible limits and shall be managed in accordance with hazardous wastes.

Article 101. Sewage treatment system

1. The following entities must have sewage treatment systems:

a) Concentrated manufacturing/business zones;

b) Trade villages complexes;

c) Manufacturing and business establishments that are not connected to any concentrated sewage treatment systems.

2. Every sewage treatment system must:

a) Have a technology process suitable for the type of wastewater that needs treating;

b) Have a treatment capacity that is sufficient for the amount of wastewater produced;

c) Treat wastewater according to environmental standards;

d) Has the wastewater discharge outlets located at positions convenient for inspection and supervision;

dd) Be operated regularly.

3. The manager of the sewage treatment system shall carry out periodic monitory before and after the treatment. Monitory data shall be kept as the basis for sewage treatment system inspection.

4. Manufacturing and business establishments that produce a large amount of wastewater that is likely to harm the environment must carry out automatic environmental monitoring send data to competent authorities as prescribed by the Ministry of Natural Resources and Environment.

a) The People’s Committees of provinces shall cooperate with Ministries, ministerial agencies, Governmental agencies in compiling lists of local establishments causing environmental pollution, except for the case in Point b of this Clause, and proposing remedial measures, then submit them to the Ministry of Natural Resources and Environment; the Ministry of Natural Resources and Environment shall request the Prime Minister to make a decision;

b) The Ministry of National Defense and the Ministry of Public Security shall cooperate with the People’s Committees of provinces in making lists of national defense and security establishments causing serious environmental pollution, proposing remedial measures, and submit them to the Ministry of Natural Resources and Environment; The Ministry of Natural Resources and Environment shall request the Prime Minister to make a decision.

c) The Ministry of Natural Resources and Environment shall cooperate with other Ministries, ministerial agencies, Governmental agencies, and the People’s Committee of the provinces in submitting the lists of establishments causing serious environmental pollution and proposed remedial measures;

d) The decisions to take actions against establishments causing serious environmental pollution shall be notified to the People’s Committees of the districts and communes where such establishments are located, and announced to the local community for the purpose of inspection and supervision.

b) The Ministry of National Defense and the Ministry of Public Security shall cooperate with the People’s Committees of provinces in taking actions against national defense and security establishments causing serious environmental pollution;

2. Environment improvement and remediation plan of mining projects must be approved before such projects are put into operation; environmental remediation deposit shall be paid. An environment improvement and remediation plan consists of:

b) Take measures for pollution reduction and environmental improvement when causing environmental pollution;

c) If environmental pollution is caused by multiple entities without responsibility attributed, the environment authority shall cooperate with relevant entities to attribute responsibility for pollution reduction and environmental remediation of each entity.

2. The People’s Committee of the province shall determine local polluted areas and submit annual reports the Ministry of Natural Resources and Environment.

d) Carry out regular inspections and implement safety measures as prescribed by law;

d) Take measures to eliminate the causes of environmental emergencies when finding any sign of environmental emergencies.

2. Ministries, ministerial agencies, the People’s Committees, within the area of their competence, shall:

a) Carry out surveys and assessments of the risk of environmental emergencies nationwide and in each region/administrative division;

b) Make plans for environmental emergency prevention, warning, and response;

c) Make annual and 5 years plans for environmental emergency prevention and response.

Article 109. Environmental emergency response

1. Responsibility for environmental emergency response

a) Any entity that causes an environmental emergency shall take emergency measures to ensure safety of people and property; rescue people and property, then notify the local government or a local agency specialized in environmental protection;

b) The head of the establishment and administrative division where the environmental emergency occurs shall promptly mobilize forces, equipment and vehicles to emergency response;

c) If an environmental emergency occurs to many establishments or administrative divisions, the heads of such establishments and administrative divisions shall cooperate with each other in emergency response;

d) If the situation is beyond the capability of them, the heads shall request the superior agency to mobilize forces from other establishments or administrative divisions to environmental emergency response; the requested establishments or administrative divisions shall implement the emergency response measures within their competence.

2. Response to particularly serious environmental emergencies shall be carried out in accordance with regulations of law on state of emergencies.

3. Manpower, supplies, and vehicles for environmental emergency response shall be reimbursed in accordance with law.

4. This Law and relevant regulations of law shall apply to responsibility for paying compensation for environmental emergencies.

Article 110. Developing environmental emergency response forces

1. Manufacturing and business establishments shall improve their ability to prevent and respond to environmental emergencies.

1. The investigation into damage caused by an environmental emergency shall deal with:

a) Determine the boundary of the area polluted because of the environmental emergency;

b) Pollution levels;

c) Causes and accountability or relevant parties;

d) Measures for pollution reduction and environmental remediation;

dd) Damage to the environment as the basis for claiming compensation.

2. Responsibility for investigation into damage caused by environmental emergencies:

a) The People’s Committee of the province shall carry out investigation into damage caused by local environmental emergencies;

b) The Ministry of Natural Resources and Environment shall instruct the People’s Committees of provinces to determine the scale of pollution and damage caused by interprovincial environmental emergencies.

3. Investigation results must be announced.

Article 112. Responsibility for environmental remediation

1. Any entity that causes an environmental emergency is obliged to:

a) Comply with the requests of environment authorities during the investigations to determine the pollution scale, levels, and remedial measures.

b) Immediately take measures to prevent the pollution sources, stop the pollution from spreading and affecting local people’s health;

c) Take measures for pollution reduction environmental remediation at the request of environment authorities.

2. If the environmental emergency is caused by multiple entities and they fail to reach an agreement on responsibility, the environment authority shall cooperate with relevant entities to attribute responsibility for pollution reduction and environmental remediation of each entity.

3. If the environmental emergency is caused by a natural disaster or an unknown cause, competent authorities shall mobilize forces to carry out pollution reduction and environmental remediation.

4. If an environmental emergency occurs in multiple provinces, the Prime Minister shall direct the pollution reduction and environmental remediation.

Chapter XI

ENVIRONMENTAL TECHNICAL REGULATIONS, ENVIRONMENTAL STANDARDS

Article 113. Environmental technical regulation system

1. Technical regulations on surrounding environment quality include:

a) Environmental technical regulations on soil

b) Environmental technical regulations on surface water and underground water;

1. Authorities, sequences and procedures of constructing, promulgating and endorsing compatibility of national, local environmental technical regulations must follow regulations of the law on technical standard and regulations.

2. The Minister of Natural Resources and Environment promulgate national technical regulations on environment.

2. The Ministry of Natural Resources and Environment promulgates the list and guides the implementation of emission monitoring with respect to production, business and service entities at risk of imposing effects on the environment.

3. Production, business and service entities which are not on the list of entities responsible for emission monitoring must ensure their compliance with environmental technical regulations and relevant regulations.

Article 122. Environmental components and emissions to be monitored

1. Water includes surface water, underground water and sea water.

2. Air includes indoor and outdoor air.

3. Noise, vibration, radiation and light.

4. Soil and deposits

5. Nuclear radiation

6. Wastewater, exhaust gas and solid waste.

7. Hazardous chemicals emitted and built up in the environment.

8. Biological diversity.

Article 123. Environmental monitoring program

1. National environmental monitoring program includes environmental monitoring programs at inter-provincial river and lake basins, key economic zones, trans-border, and geographically distinct zones.

2. Provincial environmental monitoring program includes monitoring programs on environmental components in the area.

3. Environmental monitoring program of industrial parks, export processing zones, high-tech zones, industrial complex, trade villages and production, business and service facilities includes monitoring programs on emissions and environmental components in accordance with the law.

Article 124. Environmental monitoring system

1. Environmental monitoring system includes:

a) National environmental monitoring;

b) Provincial environmental monitoring;

c) Intramural environmental monitoring.

2. Organizations involved in the environmental monitoring system include:

3. Environmental monitoring system must be synchronized and interconnected to create a consistent and comprehensive network.

Article 125. Environmental monitoring responsibilities

1. The Ministry of Natural Resources and Environment directs, instructs and monitors environmental monitoring on national level; organizes the implementation of national environmental monitoring.

2. People’s committees of provinces organizes an environmental monitoring program in the area, reports to the People’s Council of the same level and the Ministry of Natural Resources and Environment on monitoring results.

3. Industrial parks, export processing zones, high-tech zones, industrial complex, trade villages and production, business and service bases must implement the monitoring program on emissions and environmental components; report to regulatory agencies on environmental protection in accordance with the law.

Article 126. Conditions of environmental monitoring

1. Any organization that is fully staffed in environmental monitoring and equipped with necessary facilities is permitted to participate in the environmental monitoring.

2. The government shall detail this Article.

Article 127. Environmental monitoring data management

1. The Ministry of Natural Resources and Environment manages environmental monitoring data; constructs national database on environmental monitoring; promulgate results of national monitoring; provides professional training and technical supports for the management of environmental monitoring.

1. Environmental information includes figures, data about environmental components, environmental impacts, policies and law on environment and environmental protection.

2. Environmental database is a collection of information about the environment being constructed, updated and maintained to meet the demands for access and use of information for environmental protection tasks and for the public interests.

Article 129. Collection and management of environmental information

1. The Ministry of Natural Resources and Environment actively coordinates with the ministerial, departmental and local levels to collect and manage environmental information, construct national environmental database.

2. Ministries, departments and people’s committees of all levels, within their own duties and authorities, collect and manage environmental information, construct ministerial, departmental and local environmental database and integrate them into the national environmental database.

1. Organizations, individuals managing industrial parks, export processing zones, high-tech zones, industrial complexes, trade villages and production, business and service facilities and being subject to the list responsible for the preparation of environmental impact assessment reports are responsible for reporting to the environmental management agencies under people’s committees of provinces on environmental information within their authorities.

2. Production, business and service bases which are not subject to the list as stipulated in Paragraph 1 of this Article are responsible for supplying environmental information in relation to their operation to the people’s committees of districts and communes.

3. Annually, the ministries, departments are responsible for supplying environmental information relating to branches and areas under their management to the Ministry of Natural Resources and Environment.

4. The Ministry of Natural Resources and Environment shall detail this Article.

1. Information stipulated in this Paragraph and classified as state secrets is not permitted to be published.

2. The publishing method must ensure convenience for information recipients

3. Information-publishing agencies are legally responsible for accuracy of the information.

Section 2. Environmental indicators and statistics

Article 132. Environmental indicators

1. Environmental indicators are quantities that reflect specific characters of the environment for the purpose of evaluating and monitoring the developments of environmental quality, preparation of report on current environmental condition.

2. The Ministry of Natural Resources and Environment shall construct, promulgate and instruct the implementation of the national environmental directive.

2. People’s committees of provinces shall construct, promulgate and develop the implementation of local environmental directive based on the national environmental directive.

Article 133. Environmental statistics

1. Environmental statistics are an activity of enquiry, reporting, compilation, analysis and promulgation of basic criteria reflecting nature and situation of environmental matters according to space and time.

2. The Ministry of Natural Resources and Environment shall promulgate the system of environmental statistics criteria, organizes the implementation of national environmental statistics tasks; instructs tasks of environmental statistics; construct national environmental statistics database.

3. Ministries, departments shall organize the implementation of environmental statistics tasks within their management; construct environmental statistics database of branches and areas; make annual reports to the Ministry of Natural Resources and Environment on criteria of environmental statistics.

4. People’s committees of provinces shall organize the implementation of local environmental statistics tasks; construct database of local environmental statistics; make annual reports to the Ministry of Natural Resources and Environment on criteria of environmental statistics.

3. Adherence to regulations of law on environmental protection; results of investigation, inspection.

4. List of entities causing serious pollution to the environment and disciplinary/remedial actions

5. Resources for environmental protection

6. Evaluation of environmental protection management and operation

7. Environmental protection plan and solutions

Article 136. Annual socio-economic report on environmental protection

Annual socio-economic reports by the Government and People’s committees of all levels must specify the implementation of environmental protection criteria and environmental protection tasks.

Article 137. Environmental quo status reporting responsibilities

1. The Ministry of Natural Resources and Environment prepares national environmental quo status report every five years; prepares annual thematic report on national environment.

2. People’s committees of provinces prepares local environmental quo status report every five years; based on local environmental pressing issues, shall decide to prepare thematic report on environment.

3. The Minister of Natural Resources and Environment instructs the preparation of environmental quo status report.

Article 138. Environmental quo status report

1. Overview of natural, economic and social conditions

2. Environmental impacts

3. Quo status and happening of environmental components

4. Environmental pressing issues and causes

5. Environmental impacts on economy and society

6. Implementation of policies, law and environmental protection activities

9. Inspecting, investigating and handling violations of the law on environmental protection; settling claims, accusations, petitions in relation to environmental protection according to the law.

10. Directing and instructing the insertion of environmental protection contents into national land use planning and plan, national strategy on water natural resources and general planning of inter-provincial river valley; national overall strategy on basic investigation, survey, exploitation and processing of mineral resources.

11. Constructing and organizing the implementation of assessment criteria system, following up the compliance with the law on environmental protection across the country; communicating, popularizing and educating environmental protection law.

12. Submitting to the Government the participation into international organizations, signing or applying for membership of the international treaty on environmental protection; chairing activities of international cooperation on environmental protection.

1. Ministers, heads of ministerial level bodies shall take charge of and cooperate with the Minister of Natural Resources and Environment in constructing and promulgating circulars, joint circulars on environmental protection in the areas managed by ministries and departments.

2. Ministers, heads of ministerial level bodies shall carry out the duties stipulated in this law and coordinate with the Minister of Natural Resources and Environment to organize the execution of the law on environmental protection within its own management; carrying out annual reporting to the Government on state management activities on environmental protection in the areas managed by ministers and departments.

3. Responsibilities of ministers, heads of ministerial level bodies are defined as follows:

a) The Minister of Planning and Investment shall actively coordinate with The Minister of Natural Resources and Environment, Ministers, heads of ministerial level bodies and chairpersons of the people’s committees of provinces to meet requirements of environmental protection in the strategy, general planning and plan of social-economic development of the country, region, project, works under authorities of the National Assembly, Government, Prime Minister, working to attract investment and organizing the implementation of law enforcement on environmental protection in the area of management.

b) The Minister of Agriculture and Rural Development shall actively coordinate with the Minister of Natural Resources and Environment, Ministers, heads of ministerial level bodies and chairpersons of the people’s committees of provinces to organize the implementation of law enforcement on environmental protection in production, importing, exporting, use of chemicals, plant protection chemicals, veterinary drugs, fertilizers, waste substances in agriculture and other activities in management;

c) The Minister of Trade and Industry shall actively coordinate with the Minister of Natural Resources and Environment, Ministers, heads of ministerial level bodies and chairpersons of the people’s committees of provinces to handle industrial establishments causing serious environmental pollution under management authority, develop environmental industries and organize the implementation of law enforcement on environmental protection in management;

d) The Minister of Construction shall actively coordinate with the Minister of Natural Resources and Environment, Ministers, heads of ministerial level bodies and chairpersons of the people’s committees of provinces to organize the implementation of law enforcement on environmental protection in such construction activities as infrastructural structures of water supply, water drainage, solid waste and urban waste water treatment, centralized service production area, construction material production bases, trade villages, centralized rural residential area and other activities in the area of management;

đ) The Minister of Transport shall actively coordinate with the Minister of Natural Resources and Environment, Ministers, heads of ministerial level bodies and chairpersons of the people’s committees of provinces to organize the implementation of law enforcement on environmental protection in such construction activities as infrastructural structures of traffic, traffic vehicle management and other activities in the area of management;

e) The Minister of Health shall actively coordinate with the Minister of Natural Resources and Environment, Ministers, heads of ministerial level bodies and chairpersons of the people’s committees of provinces to organize the implementation of law enforcement on environmental protection in the areas of health, food hygiene safety, burial and cremation activities; organizing statistics of waste sources, evaluation of pollution degree, treatment of medical waste from hospitals, medical institutions and other activities in the area of management;

g) The Minister of Culture, Sports and Tourism actively coordinates with the Minister of Natural Resources and Environment, Ministers, heads of ministerial level bodies and chairpersons of the people’s committees of provinces to organize the implementation of law enforcement on environmental protection in activities of culture, festivals, sports, tourism, and other activities in the area of management;

h) The Minister of National Defense actively coordinates with the Minister of Natural Resources and Environment, Ministers, heads of ministerial level bodies and chairpersons of the people’s committees of provinces to organize the implementation of law enforcement on environmental protection in the area of national defense in accordance with the law; mobilize forces to engage in activities of coping, remedying the incident in accordance with the law; direct, instruct, examine, and investigate the environmental protection tasks by the armed forces within authorities of management;

i) The Minister of Public Security is responsible for organizing, directing activities of environmental crime fighting and ensuring security in the area of environment; mobilizing forces to engage in the activity of coping with environmental incidents in accordance with the law; direct, instruct, examine and investigate the environmental protection tasks by the armed forces within authorities of management;

k) Ministers, heads of ministerial level bodies execute the duties stipulated in this Law and coordinates with the Minister of Natural Resources and Environment to organize the implementation of law enforcement on environmental protection in the area of management.

Article 143. State management responsibilities of the people’ committees of all levels on environmental protection

1. The people’s committees of provinces take the following responsibilities:

g) Inspecting, investigating, handling law violations of environmental protection; settling claims, accusations, petitions concerning environment in accordance with the law on complaints and denunciations.

h) Being responsible to the Government for any serious environmental pollution in the area.

2. The people’s committees of communes take the following responsibilities:

e) Inspecting, investigating, handling law violations on environmental protection; settling claims, accusations, petitions on environmental protection according to the law on complaints and denunciations,

h) Directing state management tasks of the People’s committees of communes on environmental protection

i) Being responsible to the People’s committees of provincial levels for any serious environmental pollution in the area.

3. The People’s committees of communes take the following responsibilities:

a) Constructing plan, carrying out the duties of environmental protection, environmental hygiene preservation in the area; mobilizing people to construct the contents of environmental protection in the village regulation; providing guidance on putting the criteria of environmental protection into evaluation of hamlets, villages, and small villages (normally inhabited by mountainous ethnic minorities), neighborhoods and courteous families;

b) Endorsing, inspecting the implementation of environmental protection plans by authorities; inspecting compliance with the law on environmental protection by households, individuals;

c) Detecting and handling by authorities violations of the law on environmental protection or reporting direct to state management agencies of higher levels on environmental protection;

d) Reconciling environmental disputes arising in the area in accordance with the law on reconciliation;

1. Vietnam Fatherland Front, within its duties and powers, is responsible for propagandizing and mobilizing membership organizations and people to engage in environmental protection activity.

2. Vietnam Father Front carries out giving advice, responding and observing the implementation of policies, law on environmental protection according to the law. State management agencies of all levels are responsible for creating favorable conditions for Vietnam Fatherland Front to take part in environmental protection.

1. Socio-political organizations, socio-occupational organizations take the following responsibilities:

a) Complying with the law on environmental protection;

b) Taking part in activities of environmental protection.

2. Socio-political organizations, socio-occupational organizations have the following rights:

a) Being granted access to and the right to ask for information of environmental protection in accordance with the law;

b) Consulting about projects in relation to its functions, duties and authorities;

c) Consulting, responding on environmental protection to state management agencies and owners of production, business and service entities concerned in accordance with the law;

d) Engaging in activities of investigation into environmental protection at production, business and service entities in relation to its functions, duties and authorities;

đ) Submitting petition to competent authorities for handling violations of the law on environmental protection.

3. Environmental management agencies of all levels are responsible for creating favorable conditions for socio-political organizations, socio-occupational organizations to exercise the rights as stipulated in Paragraph 2 of this Article.

Article 146. Rights and obligations of local communities

1. Representatives of local communities under environmental effects of production, business and service entities have the right to ask the owners of those production, business and service entities to provide information of environmental protection through direct dialogs or in writing; organize practical enquiry into environmental protection tasks by production, business and service entities; collect, supply information to competent agencies and take responsibility for the information supplied.

2. Representatives of residential community in the area under environmental effects of production, business and service entities have the right to ask state management agencies concerned to supply results of investigation, inspection and handling of the entities.

3. Representatives of residential community have the right to take part in the evaluation of environmental protection tasks by production, business and service entities; implementing all the measures to protect rights and interests of residential community in accordance with the law.

4. Owners of production, business and service entities must fulfill the requirements of residential community.

1. The Environmental Protection Funds include the central environment protection fund, environment protection funds of Ministries and specialized authorities, and provincial environment protection funds that are established to support environmental protection activities.

The state has encouraged enterprises, organizations, individuals to establish their own environmental protection funds.

2. Capital for national and provincial environmental protection funds is derived from the following sources:

2. The Minister of Natural Resources and Environment shall actively coordinates with Ministers, heads of ministerial level bodies to provide guidance on the implementation of the regulations mentioned in Paragraph 1 of this Article.

Article 151. Incentives and support for environmental protection tasks

The state shall invest and provide favors and supports to individuals, organizations being involved in the development of environmental industry; in the construction and upgrading of technical infrastructure for waste treatment and recycling; in the establishment and development of centralized waste treatment and recycling sites; in the production and supply of equipment, products in service of environmental protection.

Article 154. Communicating and popularizing the law on environmental protection

1. Dissemination and education of the law on environmental protection shall be done regularly and extensively.

2. Any agency, organization, and individual whose performance in environmental protection is excellent shall be commended and rewarded in accordance with the law on emulation and commendation.

3. The Ministry of Natural Resources and Environment shall coordinate with press agencies responsible for spreading the law on environmental protection.

4. Ministries, ministerial level bodies shall coordinate with the Ministry of Natural Resources and Environment, and the media responsible to communicate the law on environmental protection under the management.

2. The state put priority on training human resource for environmental protection; encouraging every organization, individual to participate in the education of environment and training human resource for environmental protection.

3. The Ministry of Education and Training shall actively coordinate with the Minister of Natural Resources and Environment to detail the educational program of environment and provide training to human resource on environmental protection.

Chapter XVII

INTERNATIONAL COOPERATION ON ENVIRONMENTAL PROTECTION

Article 156. Signing and becoming a member in the international treaty of environmental protection

The international treaty which is beneficial to global, regional and national environmental protection and is suitable for the interests and capabilities of The Socialist Republic of Vietnam shall be considered for signing and participation.

1. The state shall encourage bodies, organizations, and individuals to actively meet the requirements of environment in order to enhance competitiveness of goods and services on regional and international markets.

2. Agencies, organizations, and individuals participating in international economic integration shall be responsible for preventing and minimizing negative impact on domestic environment.

1. The state shall encourage organizations, individuals to cooperate with foreign organizations, individuals, and overseas Vietnamese in order to enhance capacity and efficiency of environmental protection in the country; enhance position and role of the Socialist Republic of Vietnam in environmental protection in the region and in the world.

2. The state shall create favorable conditions for foreign organizations, individuals and overseas Vietnamese to invest and support training of human resource, scientific study, technological transfer, natural preservation and other activities in environmental protection; to develop and make appropriate and effective use of resources of international cooperation in environmental protection.

3. The state shall further cooperation with neighboring and regional countries to settle issues of management and exploitation of natural resources and environmental protection.

Article 159. Responsibilities for organizing and directing the investigation and inspection of environmental protection tasks

1. The Minister of Natural Resources and Environment shall organize and direct the investigation and inspection of environmental protection in accordance with the law on a national scale.

2. The Minister of National Defense, Minister of Public Security shall organize and direct the investigation and inspection of environmental protection with respect to establishments, projects and works under national secrecy in defense and security.

3. Chairpersons of the Provincial People’s committees shall organize and direct the investigation and inspection of environmental protection in accordance with the law in the area.

Article 160. Actions against violations

1. Any organization and individual who violates the law on environmental protection causing pollution and degradation to the environment, causing losses to other organizations and individuals shall be responsible for remedying the consequences, restoring the environment, compensating for the damages in accordance with the regulation of this Law and relevant laws.

2. Heads of agencies, organizations, officials and public servants who misuse their titles and powers to cause troubles and harassment to organizations, individuals, be involved in cover-ups on violators of environmental protection or show lack of responsibility for environmental pollution and problem, depending on the nature and seriousness of violations, shall incur penalties according to applicable regulations of the law.

Article 161. Environmental disputes

1. Environmental disputes include:

a) Disputes concerning rights and responsibilities for environmental protection in exploitation and use of environmental components;

b) Organizations, individuals who exploit and use environmental components and organizations, individuals who are responsible for reforming and restoring the polluted and degraded environmental area, and compensating for environmental damages.

3. Settlement of environmental disputes shall be done in accordance with the law on non-contractual civil dispute settlement and the regulation of relevant law.

4. Environmental disputes that take place within the Socialist Republic of Vietnam in which either or both of the parties are foreign organization, individual shall be settled in accordance with the law by the Socialist Republic of Vietnam except otherwise as stipulated in the international treaty of which the Socialist Republic of Vietnam is a member.

Article 162. Complaints, accusations and lawsuits

1. Organizations, individuals are entitled to file a complaint and lawsuit against any breach of environmental protection in accordance with the law.

2. Individuals are entitled to report any breach of environmental protection to the authorities according to the law on claims and denunciations.

3. Time limit for filing a lawsuit over environment shall begin when the aggrieved individual’s detection of the damage caused by the breach of environmental protection regulations by other organizations, individuals.

1. Environmental pollution and its consequences shall be studied, investigated and concluded opportunely by regulatory authorities.

2. Any act causing environmental pollution, degradation committed by organizations, individuals shall be handled opportunely according to the law.

3. Principles of handling responsibilities shall be defined as follows:

a) Head of the organization shall take responsibility for any breach of environmental protection relating to activity of his/her organization.

b) Organizations, individuals causing environmental pollution, degradation shall be responsible for remedying the consequences and compensating for the damages caused.

c) In case any individual that causes environmental pollution, degradation during the execution of the tasks assigned by his/her organization, the organization shall be responsible for compensating for damages caused according to the law.

a) Determination of number of environmental components under deterioration, categories of ecosystem similar to damaged one;

b) Degree of damage to each environmental component, ecosystem and categories.

4. Calculation of environmental damages is defined as follows:

a) Initial and lasting damages due to deterioration in function and productivity of environmental components;

b) Cost for environmental treatment, reformation and restoration;

c) Cost for minimizing or eliminating damage-causing sources

d) Making enquiries from relevant entities;

đ) Depending on specific condition, one of the measures mentioned in Points a, b, c and d of this Paragraph may be applied to calculate environmental damages, and served as a foundation for compensation and damage compensation settlement.

5. Calculation of damages due to deterioration in environmental function and productivity is done independently or with coordination of the damage causing party and affected party.

In case either or both of the parties have requests, environmental protection agencies are responsible for instructing the calculation to determine the damages or witnessing determination of damages.

6. Determination of damages to human life and health, properties and legal interests of organizations, individuals caused by environmental pollution and degradation is done in accordance with the law.

7. The Government shall detail this Article.

Article 166. Determination of damages caused by deterioration in environmental function and productivity

1. Appraisal of damages caused by deterioration in environmental function and productivity is done at the request of organizations, individuals affected or the agency involved in settling damage compensation.

2. Foundations for appraising damages include a written proposal for damage compensation, information, data, evidence and others in relation to the compensation and damage causing subject.

3. Deciding on a damage appraising organization shall be jointly agreed by both parties; in case both parties fail to come to an agreement, the decision on the damage appraising organization shall be made by the agency assigned for settling damage compensation.

Article 167. Liability insurance for environmental damages

4. The State encourages insurance businesses to undertake liability insurance for environmental damages.

2. The State encourages organizations, individuals operating in production, business and service to buy liability insurance for environmental damages.

3. Organizations, individuals operating in production, business and service who are at risk of causing significant damage to the environment must buy liability insurance for environmental damages in accordance with the law of the Government.

Chapter XX

EXECUTION PROVISIONS

Article 168. Transitional clause

1. The dossier which has been received the competent authorities in accordance with the administrative procedures on environment before the effective date of this Law shall be processed in accordance with the law at the time of receiving.

2. Every license or certificate issued under the Law on Environmental Protection No. 52/2005/QH11 shall remain valid until its expiry date.

Article 169. Effect

This law is effective from January 01, 2015.

The Law on Environmental Protection No. 52/2005/QH11 shall become invalid since the effective date of this Law.

Article 170. Detailed regulations

The Government shall detail articles, paragraphs stated in the Law.

This Law has been ratified on June 23, 2014 at the 8th National Assembly, 7th session of the Socialist Republic of Vietnam.